(a) Application. This Part shall be applicable to all actions
and proceedings in the Town, Village and City Justice Courts
of the State of New York, outside the City of New York.

(b) Waiver. For good cause shown, and in the interests of
justice, the court in an action or proceeding may waive compliance
with any of the rules in this Part, unless prohibited from
doing so by statute or by a rule of the Chief Judge.

(c) Additional rules. Additional local court rules, not
inconsistent with law or with these rules, shall comply with
Part 9 of the Rules of the Chief Judge (22 NYCRR Part 9).

(d) Application of the Uniform Justice
Court Act. The provisions
of this Part shall be construed as consistent with the Uniform
Justice Court Act (UJCA), and matters not covered by these
provisions shall be governed by the UJCA.

(e) Definitions.

(1) Chief Administrator of the Courts in this Part includes
a designee of the Chief Administrator.

(2) Unless otherwise defined in this Part, or the context
otherwise requires, all terms used in this Part shall have
the same meaning as they have in the UJCA and the CPLR.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
214.2 Place and hours of court.

(a) It is the policy
that the public is best served by justice courts which function
in facilities provided by the municipality, and it is also
the policy that each justice of those courts participate equally
in the duties of the court. When facilities are provided by
the municipality, the sessions of the court shall be held
therein.

(b) Each court shall establish the days and times when it
shall sit in regular session. Such days and times shall be
subject to modification by the Chief Administrator of the
Courts. The court's schedule as so established shall be filed
with the clerk of the municipality, shall be posted where
other official notices are posted and shall be filed with
the law enforcement agencies regularly appearing in the court.
The clerk's office shall be open at hours established by each
court, subject to the further order of the Chief Administrator.

(a) The summons shall state the name
and location of the court in which the action is brought,
the names of the parties and a return date to be obtained
from the court, and shall comply with all provisions of the
UJCA applicable to summonses.

(b) The following form is to be used in a case in which
the action is for money only and a formal complaint is not
served therewith:

JUSTICE COURT OF THE
VILLAGE, TOWN OR CITY OF _________________________________

COUNTY OF_____________________

___________________________

)

Index
No. ______

Plaintiff,

)

SUMMONS

)

Plaintiff's Residence

-against-

)

Address:

)

)

Defendant,

)

)

______________________________________

To the above-named defendant:

YOU ARE HEREBY SUMMONED and required to
appear and answer this endorsed summons in the Justice Court
of the Village, Town or City of____, located at ____, County
of ____, State of New York, on the ____ day of ____, 19____,
at ____ o'clock in the ____ noon; upon your failure to appear
and answer, judgment will be taken against you for the sum
of $____ with interest thereon from the____ day of____, 19____,
together with the costs of this action.

Dated: the____day of___________, 19____
Statement of the nature and substance of
plaintiff's cause of action:

_________________________

Attorney(s)
for Plaintiff
Post-Office Address
Telephone Number

(or, alternatively,

_________________________

Clerk of the _________
Court)

(c) In an action where a formal complaint is annexed to the
summons, the following form of summons shall be used:

JUSTICE
COURT OF THE
VILLAGE, TOWN OR CITY OF _________________________________

COUNTY OF_____________________

___________________________

)

Index No. ______

Plaintiff,

)

SUMMONS

)

Plaintiff's
Residence

-against-

)

Address:

)

)

Defendant,

)

)

______________________________________

To the above named defendant:

To the above-named defendant:

YOU ARE HEREBY SUMMONED and required to
appear and answer this complaint in the Justice Court of the
Village, Town or City of _____, located at _____, County of_____,
State of New York, on the_____ day of _____, 19_____ , at_____
o'clock in the_____ noon; upon your failure to appear and
answer, judgment will be taken against you for the relief
demanded in the complaint, together with the costs of this
action.

Dated: the_____ day of _____, 19_____

_________________________

Attorney(s)
for Plaintiff
Post-Office Address
Telephone Number

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
214.4 Pleadings.

(a) Except as required by statute,
a formal pleading may be dispensed with in any case in which
the party required to serve the pleading appears in person.

(b) All formal pleadings and verifications thereof shall
be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal
pleading, or pleadings, shall specify the time within which
the same shall be served and filed.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
214.5 Civil enforcement officers.

(a) All enforcement officers shall keep accurate and detailed
records, properly indexed, of all functions performed by them,
pursuant to law, rule or order, in their capacity as law enforcement
officers.

(b) In addition to the enforcement officers enumerated in
UJCA 110, the municipal board may designate other persons
to serve as enforcement officers in civil matters.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
214.6 Power of clerks to administer oaths and perform certain
other duties.

The court clerk and one of the deputy or assistant court
clerks designated by the clerk are authorized and empowered
to administer oaths, take acknowledgments, sign the process
or mandate of the court and certify the records of the court.

(a) Any party who commences an action, proceeding or claim
within the court's jurisdiction or against whom such an action,
proceeding or claim is commenced, which, in his or her opinion,
may be adjusted without resort to a trial, may apply to the
court for the issuance, in the discretion of the court, of
a notice of conciliation, or the court on its own motion may
order such conciliation. However, such conciliation conference
may be ordered only upon the prior written consent of the
parties that, should the controversy not be resolved by conciliation,
the justice who presides over the conciliation conference
may preside over a subsequent trial of the action, proceeding
or claim.

(b) If the court so orders, the clerk shall immediately
fix a date for a conciliation conference and shall mail notice
to all parties to the controversy. At least 10 days' notice
shall be given, exclusive of the day of mailing. The notice
shall designate the address of the court and the time and
date where the hearing will be held.

(c) Conciliation conferences shall be informal, and the
justice presiding shall endeavor to effect an amicable and
equitable adjustment between the parties. The justice shall
permit either party to be assisted by counsel, but no record
of the proceeding shall be kept. At the conference, the justice
shall not be bound by the rules regarding admissibility of
evidence.

(d) The justice shall direct the clerk to make an entry
in the docket hereinafter referred to of the terms of the
settlement or that no settlement was effected. No judgment
or order enforceable by law shall be rendered or made by the
justice except upon the consent or written stipulation of
the parties.

(e) A docket shall be kept wherein proper entries of all
proceedings shall be made. Such docket may not be offered
in evidence or referred to upon any subsequent trial of the
controversy.

Historical Note
Sec. filed Feb. 16, 1988 eff. April 1, 1988.

Section
214.8 Appeals.

(a) A notice of appeal shall not be accepted for filing
without proof of service upon all parties.

(b) All papers prepared by the appellant that are required
to be included in the return on appeal as required by the
applicable provisions of the CPLR, shall be furnished by the
appellant to the clerk at the time of filing the notice of
settlement provided in section 1704 of the UJCA.

(c) In the case of the death, disability or prolonged absence
from the municipality of the justice before whom the action
was tried, the return on appeal may be settled by any other
justice of the court.

Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.

Section
214.9 Bank account requirements for town justices and village
justices.

(a) Every town justice and village justice, including acting
village justices, shall deposit, as soon as practicable, all
monies received in his or her judicial capacity in a separate
bank account in his or her name as such judicial officer,
in a bank or trust company in this State, pending disposition
as required by law. In no event shall any deposit be made
later than 72 hours, exclusive of Sundays and holidays, from
the day of receipt.

(b) Withdrawals from such accounts shall be only for purposes
permitted by law.

(c) Every justice now having such a bank account or required
by subdivision (a) of this section to open such a bank account
shall, within 10 days after the effective date of this rule
[Jan. 6, 1986], or within 10 days after the opening or transfer
of such a bank account, notify the Chief Administrator of
the Courts in writing of the name and address of the bank
in which the account has been opened or transferred to, the
title of the account, the account number and the date that
said account was opened or transferred. If, for any reason,
the justice, during his or her tenure, shall close or transfer
said account to a different bank, within 10 days of such closing
or transfer written notification, stating the reasons therefor,
shall be given to the Chief Administrator.

(d) With the consent of all the justices of a town or village,
a joint account in the names of all the justices may be opened
for the deposit of bail monies only. Such an account shall
in all other respects comply with the provisions of this section.

(e) The provisions of this section shall not apply to a
justice who does not actually receive monies in a judicial
capacity, providing he or she files with the Chief Administrator
a written statement setting forth the fact that he or she
does not receive monies in a judicial capacity and the reasons
therefor.

(a) Each Town, Village and City Justice Court shall schedule
at least one session every other week for the hearing of small
claims and may allocate some portion of every session of court
specifically for the hearing of such claims as defined in
the UJCA. During the times designated for the hearing of small
claims, the court shall sit as a small claims part. In those
courts having more than one judge, each judge shall participate
equally in the handling of small claims.

(b) A small claims action shall be commenced by a plaintiff
or someone on his or her behalf paying the filing fee as provided
in UJCA 1803, and by supplying to the clerk the following
information:

(1) plaintiff's name and residence address;

(2) defendant's name and place of residence, or place of
business or employment; and

(3) the nature and amount of the plaintiff's claim, giving
dates and other relevant information.

(c) The justice or clerk shall reduce this information to
a written statement, on a form provided therefor, and shall
record it in his or her office. The statement shall be in
nontechnical, concise and simple language, and shall be signed
by the person who shall have supplied the information contained
therein.

(d) The justice or clerk shall give to the person who signed
the statement a memorandum of the time and place set for the
hearing, which shall be not less than 22 nor more than 45
days from the date the action is recorded, and shall advise
such person to produce at the hearing the supporting witnesses,
account books, receipts or other documents required to establish
the claim.

(e) Within five days after the action is recorded, the clerk
shall send to the defendant by ordinary first class mail and
by certified mail, return receipt requested, addressed to
one or more of the addresses supplied as shall be deemed necessary,
a signed notice bearing the seal of the court, which shall
be in substantially the following form:

JUSTICE COURT OF THE VILLAGE, TOWN
OR CITY OF _______________

COUNTY OF _______________

SMALL CLAIMS PART

TO: _______________

Take Notice that _____ asks judgment in
this Court against you for $_____, together with costs, upon
the following claim:

____________________________________________________________

____________________________________________________________

____________________________________________________________

There will be a hearing before the Court upon this claim on_____
19_____, at _____ o' clock_____ M., in the Small Claims Part,
held at_____.

You must appear and present your defense
and any counterclaim you may desire to assert at the hearing
at the time and place above set forth (a corporation must
be represented by an attorney or any authorized officer, director
or employee). IF YOU DO NOT APPEAR, JUDGMENT WILL BE ENTERED
AGAINST YOU BY DEFAULT, EVEN THOUGH YOU MAY HAVE A VALID DEFENSE.
If your defense or counterclaim, if any, is supported by witnesses,
account books, receipts or other documents, you must produce
them at the hearing. The Clerk, if requested, will issue subpoenas
for witnesses, without fee thereof.

If you wish to present a counterclaim
against the claimant, you must do so by filing with the
Clerk of the Court a statement containing such counterclaim
within five days of receiving this notice of claim. At the
time of such filing you must pay the Clerk a filing fee
of $3.00 plus the cost of postage to send your counterclaim
by first class mail to the claimant. If you fail to file
a counterclaim within this five-day period, you retain the
right to file the counterclaim until the time of the hearing,
but the claimant may request and obtain an adjournment of
the hearing to a later date.

If you admit the claim, but desire time
to pay, you must appear personally on the day set for the
hearing and state to the Court your reasons for desiring time
to pay.

Dated: _____ , 20_____

_____________________________
Clerk

A Guide to Small Claims Court is available at the court
listed above.

NOTE: If you desire a jury trial, you must, before the day
upon which you have been notified to appear, file with the
Clerk of the Court a written demand for a trial by jury. You
must also pay to the clerk a jury fee of $10 and file an undertaking
in the sum of $50, or deposit such sum in cash to secure the
payment of any costs that may be awarded against you. You
will also be required to make an affidavit specifying the
issues of fact which you desire to have tried by a jury and
stating that such trial is desired and demanded in good faith.

Under the law, the Court may award $25 additional costs
to the plaintiff if a jury trial is demanded by you and a
decision is rendered against you.

(f) The justice or clerk shall note, on the statement referred
to in subdivision (b) of this section, the date on which the
notice was mailed and the address, the date of delivery shown
by the return receipt and the name of the addressee or agent
signing the receipt.

(g) If service of notice cannot be effected upon the defendant
within four months of the date when an action was first instituted,
the action shall be dismissed without prejudice.

(h) Unless the court shall otherwise order, a defendant
to whom notice was duly given who fails to appear at the hearing
on the day and time fixed either in person or by attorney
shall be held to be in default, except that no default shall
be ordered if the defendant or his attorney appears within
one hour after the time fixed.

(i) If at the hearing it shall appear that the defendant
has a counterclaim in an amount within the jurisdiction of
the part for the hearing of small claims, the justice may
either proceed forthwith to hear the entire case or may adjourn
the hearing for a period of not more than 20 days or as soon
thereafter as practicable, at which adjourned time the hearing
of the entire case shall be had. An adjournment shall be granted
at the request of the claimant if the defendant did not file
the counterclaim with the court within five days of receiving
the notice of claim.

(j) An oath or affirmation shall be administered to all
witnesses. The court shall conduct the hearing in such manner
as it deems best suited to discover the facts and to determine
the justice of the case. If the plaintiff, or an attorney
in his or her behalf, does not appear at the time set for
hearing, the court may dismiss the claim for want of prosecution
or enter a finding on the merits for the defendant, or make
such other disposition as it may deem proper.

(k) Where, after a claim is filed with the clerk, either
party to the action desires to implead one or more additional
defendants, the clerk shall, upon receipt of the proper fees,
issue and mail a notice of claim to each additional defendant
under the procedure set forth above.

(l) The undertaking to be filed by a defendant desiring
a jury trial shall be in the form prescribed by the relevant
provisions of article 25 of the CPLR.

(1) case files containing all papers filed, orders issued,
any minutes or notes made by the court of proceedings or testimony,
and a copy of any original documents or papers forwarded to
another court or agency;

(2) an index of cases with a unique number assigned to each
case when filed; and

(3) a cashbook which shall chronologically itemize all receipts
and disbursements.

(b) In each civil case the following case history shall
also be maintained:

(1) the names and addresses of all parties;

(2) the name of the justice presiding;

(3) the name and location of the court;

(4) the dates pleadings were served;

(5) the names and addresses of attorneys;

(6) the date of first appearance, all adjournments and by
whom requested;

(7) whether a jury was demanded and by whom;

(8) the names and addresses of all witnesses sworn;

(9) all fees collected by, and other funds deposited with,
the court;

(10) the disposition of the case, including the amount of
a money judgment and any costs; and

(11) whether any transcripts of judgment were issued.

(c) A model recordkeeping system which complies with the
requirements of this Part will be prepared and distributed
by the Office of Court Administration.